A Republican state senator who sued Gov. Terry McAuliffe over the governor’s efforts to restore voting rights to felons filed legislation Thursday to automatically grant political rights to certain nonviolent criminals.

Senate Majority Leader Thomas K. Norment Jr. (R-James City) filed the proposed constitutional amendment one day after he and other Republicans announced that they were taking McAuliffe (D) back to court over his latest attempt at rights restoration.

Norment’s move seemed intended to push back against McAuliffe’s claim that Republicans had racist motives for opposing his voting-rights actions. But his plan triggered a fierce backlash from McAuliffe and other Democrats, who said it would close off any avenue for violent felons to vote ever again short of a gubernatorial pardon. GOP legislative leaders have said they objected to McAuliffe’s methods, which they and the state’s Supreme Court deemed unconstitutional.

Norment’s proposal would automatically restore civil rights to a limited category of felons who Republicans say deserve a second chance: those convicted of nonviolent crimes who had completed their sentences and paid all restitution, court costs and fines.

McAuliffe wants to restore rights to all felons who have served their time or completed parole, including those convicted of violent offenses, with no requirement that they settle court-related debts before voting.

“This amendment would guarantee those who have their right to vote restored are truly deserving of that second chance,” Norment said in a written statement.

“This cynical proposal unmasks Republican leaders’ true motive, which is to permanently disenfranchise men and women and condemn them to a lifetime as outcasts from our Commonwealth,” McAuliffe said in a written statement. “While no one condones violent felonies, enlightened societies believe that all men and women are capable of redemption. As such, we remain committed to giving them a path to full citizenship in our Commonwealth.”

U.S. Rep. Robert C. Scott (D-Va.) noted that Norment’s plan calls for completely removing the governor from the rights-restoration process. Since felons would no longer be able to individually petition the governor as they may now, those convicted of violent offenses would have no mechanism for regaining their rights, he said.

“They are permanently disenfranchised without the authority of the governor to restore their rights,” Scott said. “That’s a major step backwards.”

“It seems to me a constitutional amendment written like that would make it even more onerous than it is today,” Saslaw said. “What they want to do is make it constitutionally impossible for these people to ever vote.”

Amending the state constitution is a complicated, multiyear process. The proposal must be passed by the General Assembly in two separate sessions with an intervening election and then be approved by voters in a general election. The earliest the question could appear on the Virginia ballot is November 2018 — long after the current presidential contest that Republican critics say Mc­Auliffe was trying to affect with his original rights-restoration order.

House Speaker William J. Howell (R-Stafford), who has fought McAuliffe alongside Norment, said he agreed that “the time has come for Virginia’s policy on restoration of rights to change.”

Virginia is one of only four states — the others are Iowa, Kentucky and Florida — that ban ex-felons from voting. McAuliffe has called the 1902 law, which disenfranchises 1 in 5 African Americans in Virginia, a vestige of Jim Crow-era segregation.

But Howell did not commit to supporting Norment’s approach.

“The House of Delegates is ready and willing to actively discuss the merits of a constitutional amendment,” Howell said in a written statement. “Senator Norment’s proposal will certainly be part of that discussion. I am also asking several members of the House to begin developing proposals that can be discussed when the General Assembly convenes in January. We very much hope the governor is willing to work with the General Assembly in a productive way.”

In April, McAuliffe issued an executive order that restored voting rights to more than 200,000 felons who had completed their sentences.

Republicans said the move was really a bid to add Democratic voters to the rolls ahead of November’s presidential election, when the governor’s close friend and political ally Hillary Clinton will be on the ballot. They also contended that the governor had overstepped his authority by restoring rights en masse rather than individually, as every previous governor had done.

GOP legislative leaders sued, and in July, the Supreme Court agreed that McAuliffe had exceeded the authority. Because 13,000 of the 200,000 felons already had registered to vote, the court ordered the state to again put their names on its list of banned voters.

Last week, McAuliffe announced that he had restored voting rights to the 13,000 felons individually and said he would do the same for the remainder of the 200,000, though he offered no timetable.

The difference between McAuliffe’s original action and his current approach is largely procedural. Instead of simply announcing that any felon whose sentence is complete is eligible to vote, the administration is mailing each person a notice to that effect.

McAuliffe’s Republican predecessor, Robert F. McDonnell, had instituted a similar approach, automatically sending a letter to felons who met his criteria. But McDonnell did so only for nonviolent felons and required that they pay any fines or restitution.

On Wednesday, Norment and Howell announced that they had filed a contempt-of-court motion against McAuliffe, contending that his workaround is as unconstitutional as his original, sweeping clemency order.

]]>andrea@peopledemandingaction.org (Laura Vozzella | The Washington Post)NewsThu, 01 Sep 2016 21:56:46 +0000Virginia sets Aug. 8 deadline to cancel voter registration of felons in now-overturned orders by Gov. Terry McAuliffehttp://virginiaregister2vote.org/index.php/news/item/5-virginia-sets-aug-8-deadline-to-cancel-voter-registration-of-felons-in-now-overturned-orders-by-gov-terry-mcauliffe
http://virginiaregister2vote.org/index.php/news/item/5-virginia-sets-aug-8-deadline-to-cancel-voter-registration-of-felons-in-now-overturned-orders-by-gov-terry-mcauliffeVirginia election officials have set a deadline of Aug. 8 to cancel voting rights of felons who had registered under mass gubernatorial orders that were overturned a week ago by the Supreme Court of Virginia.

However, Gov. Terry McAuliffe has reviewed an initial list of 12,500 felons who had successfully registered to vote under his three blanket orders restoring their civil rights and has begun preparing to restore their rights on an individual basis.

Those ex-offenders would have to reapply to register to vote once they receive their individual restoration orders.

“It’s very possible we will send them an order and a voter registration application,” McAuliffe spokesman Brian Coy said. “We will try to make it as convenient as possible for them to do what they had already done before Republicans filed a lawsuit to take their rights away.”

House Speaker Bill Howell, R-Stafford, and Senate Majority Leader Thomas Norment , R-James City, joined with four other Republican voters to ask the Supreme Court to invalidate the governor’s mass restoration orders as an unconstitutional action that diminished their votes.

The court agreed in a ruling on July 22 that directed state election officials and local registrars to cancel the registration of felons whose rights “purportedly” had been restored by McAuliffe in orders signed April 22, May 31 and June 24.

Elections Commissioner Edgardo Cortés advised local registrars on Friday that the state has updated its list of prohibited voters to reflect the court’s decision, which reversed the governor’s orders restoring voting rights to an estimated 206,000 ex-offenders.

The commissioner directed registrars to deny applications from voters with felony convictions whose rights had been restored by the governor’s three mass orders.

“If an individual’s felony conviction record indicates a restoration of rights prior to April 22, 2016, and there is no subsequent felony record associated with that individual, then you should register the individual, assuming all other eligibility requirements have been met,” Cortés advised registrars.

Richmond General Registrar Kirk Showalter said the guidance will require her to deny about 800 applications that had been pending.

“That’s just for those we haven’t processed yet,” she said.

Showalter said her office will wait for confirmation that about 400 ex-offenders who had registered in the city under the governor’s orders are no longer eligible.

They are among the more than 12,500 felons who had registered under the governor’s restoration orders prior to the Supreme Court ruling.

“The cancellation and notification to voters the court has ordered removed from the registration rolls will be completed by Aug., 8, 2016,” Cortés advised registrars.

In the meantime, McAuliffe is preparing to issue individual orders to restore the rights of those ex-offenders who will be removed from the rolls.

“Anyone whose registration is canceled as a result of the court order will have to register to vote again once he or she becomes eligible,” Cortés confirmed in an email.

]]>andrea@peopledemandingaction.org (Michael Martz Richmond Times-Dispatch)NewsSat, 30 Jul 2016 20:06:00 +0000Richard Cizik: Virginia should change course on rights restorationhttp://virginiaregister2vote.org/index.php/news/item/4-richard-cizik-virginia-should-change-course-on-rights-restoration
http://virginiaregister2vote.org/index.php/news/item/4-richard-cizik-virginia-should-change-course-on-rights-restorationTHE VIRGINIA SUPREME Court sided this month with Republican lawmakers and upheld felony disenfranchisement laws, delivering a devastating blow to Virginia’s democratic process and to more than 200,000 potential voters who have earned the right to participate in the electoral process.

Today in Virginia, anyone who has committed a felony offense must have his voting rights restored by the governor even after he has completed the terms of his sentence. More troubling is that nearly half of Virginia’s disenfranchised citizens completed their sentences more than a decade ago, according to data released by Gov. Terry McAuliffe’s office.

Sadly, these would-be voters are victims of a century-old effort to suppress the power of Virginia’s non-white voters. In 1902, Virginia’s constitutional convention delegates codified a ban on voting for all convicted felons that coincided with the increasing number of offenses that could be considered felonies, specifically offenses that were a manifestation of Jim Crow laws and often dubiously lobbed on black citizens.

Their intentions are still painfully clear among the disenfranchised today. One in five voting age African-Americans in Virginia cannot vote because of a past felony conviction.

As an evangelical, I refuse to stand idly by while those who have paid their debt to society are further disenfranchised. This sort of invidious discrimination is unacceptable. Is this what we really want to do to ex-offenders who have paid their debt to society?

Thus, I take it as my moral responsibility — and whether of faith or no faith — together as members of the commonwealth, we must ensure that the rights of all God’s children are protected and restored.

In Virginia and across the country, people affected by these laws are our neighbors, family members, co-workers, employees and even employers. They deserve to have a voice not just in the selection of their elected officials, but also in the school systems their children attend, the neighborhoods where they live, and the communities they serve. Without access, crucial decisions that affect their lives become the sole responsibility of a select few. We cannot expect self-reliance if we do not grant self-determination.

Fortunately, the commonwealth has evolved since 1902. In fact, McAuliffe’s courageous re-enfranchisement order followed in the footsteps of former Republican Gov. Bob McDonnell, current Democratic vice presidential candidate Tim Kaine, several legislators and many community groups who have taken the lead and worked in Virginia to expand rights.

Voters are also ready to restore the vote. Public Policy Polling found that 65 percent of Virginia voters supported the governor’s order. Challenges brought on by Virginia Republican lawmakers not only defy leadership, but also their constituency.

Including Virginia, there are now only four states that strip voting rights from people with felony convictions. Several states have established reforms within the past few years to streamline the restoration or application process, and Virginia officials do not have to look far to see other examples of leadership or sweeping change.

Delaware amended its constitution in 2013. This year, Maryland legislators overcame six vetoes to restore voting rights. The District of Columbia has automatically granted rights to returning citizens for several years. The tide is not changing, it has already changed.

It is our civic duty and moral responsibility to protect, ensure and restore the right to vote. Despite the Virginia Supreme Court’s ruling, McAuliffe has vowed to sign 200,000 individual restoration orders to ensure those people can vote in November. In the spirit of democracy, I pray that the Virginia General Assembly will heed the cry of the electorate and also do the right thing.

There is power in redemption for all of us. The citizens who have done their time and paid their debt to society deserve a voice in the country they salute. Lawmakers in Virginia and across the country still struggling with disenfranchisement should take note.

The Rev. Richard Cizik

is president of the New Evangelical Partnership for the Common Good. He lives in Fredericksburg.

Virginia Gov. Terry McAuliffe (D) announced an executive action today that will restore voting rights to approximately 200,000 Virginians with past criminal convictions.

Until a few years ago, Virginia disenfranchised anyone with a past felony conviction for life. The policy was recently loosened so citizens could apply to have their rights restored, but the process was often lengthy, cumbersome, and limited to individuals convicted of certain crimes.

Today’s action will allow eligible citizens who have completed their term of incarceration and supervised release (including probation or parole) to immediately register to vote, and moving forward persons who satisfy those criteria will be eligible for rights restoration on a monthly basis. Virginia will join 19 other states that restore voting rights to citizens upon completion of incarceration, probation, and parole.

“Today is a landmark day for Virginia,” said Myrna Pérez, deputy director of the Democracy Program at Brennan Center for Justice. “Just a few years ago, Virginia permanently disenfranchised otherwise eligible citizens of their right to vote. With Governor McAuliffe’s action, hundreds of thousands of new voters can make their voices heard.”

“People have served their time and done their probation,” McAuliffe said. “I want you back in society. I want you feeling good about yourself. I want you voting, getting a job, paying taxes.”

Restoring voting rights has seen bipartisan support throughout the years, with more than 20 states easing their laws over the last two decades. Most recently, Maryland enacted a law to restore voting rights to 40,000 citizens with past convictions.

Virginia is one of four states whose constitution permanently disenfranchises citizens with past felony convictions, but grants the state’s governor the authority to restore voting rights. This April, Gov. Terry McAuliffe used that authority to re-enfranchise over 200,000 Virginians. This executive order is now the subject of two lawsuits, one…

Governor McAuliffe’s Executive Order

On April 22, 2016, Gov. McAuliffe issued an executive order restoring voting rights to Virginians with felony convictions who, as of that date, had completed the terms of their incarceration and any period of supervised release (probation or parole). At that time, Gov. McAuliffe also announced his intention to issue monthly orders restoring rights to citizens who complete their terms of incarceration and any period of supervised release. On May 31, 2016, he issued a second order, which restored rights to Virginians who had completed sentences since the first order.

Through his action, Gov. McAuliffe immediately restored voting rights to an estimated 206,000 Virginians, who were ineligible to vote under the state’s previous policy of permanently disenfranchising all citizens with criminal convictions unless they individually applied for voting rights restoration.

With this move and with Gov. McAuliffe’s plan to continue issuing such orders, Virginia joins 39 other states and DC that allow all citizens with past criminal convictions to vote – either when they complete their sentences or even earlier.

On May 23, 2016, a group of Republican legislators and other voters filed a lawsuit in the state’s Supreme Court challenging Gov. McAuliffe’s executive action. The challengers are seeking to prevent the 200,000-plus newly enfranchised Virginians from voting. Their case, Howell v. McAuliffe, argues that Gov. McAuliffe did not have the constitutional authority to restore voting rights on a collective basis – a position disputed by others, including an expert who helped draft the current version of the state’s constitution.

The challengers also requested that the Supreme Court hear Howell v. McAuliffe on an expedited schedule. The Virginia Supreme Court has scheduled oral argument in the case for July 19, 2016.

On June 14, 2016, a group of voters filed a lawsuit in the Virginia Circuit Court of Bedford County challenging Gov. McAuliffe’s action.